Horne v. Terry
New York Court of Common Pleas
Appeal from city court, general term. Action to recover moneys by George E. Horne, as trustee, etc., against Arthur Terry. From an alleged judgment of the general term of the city court affirming a judgment for plaintiff, defendant appeals.
1Opinion of the CourtBischoff, J.
The question whether or not the wife’s denial of her husband’s conjugal rights deprives her of the right to his support was in no sense pertinent to the case at bar, since the weekly sum sought to be recovered in this action, and which defendant had agreed to pay in consideration of his wife’s withdrawal of her suit for a separation and the abandonment of the alimony awarded her, was to be applied by her to such uses as she saw fit, .and not to be accepted in discharge of his obligation to provide for her support; hence the trial justice properly refused to receive the evidence excluded, and…
2Cases cited1 opinion
- Bastable v. . City of SyracuseNew York Court of Appeals · 1878